Putting the SEC’s CanAccord No Action Letter into the EB-5 Context

On January 18, 2002 the SEC issued a ‘No Action’ letter to CanAccord Capital Corporation (“CanAccord”), which was actively seeking “investments” for an immigrant investor program in Quebec, Canada. Unlike section 203(b)(5) of the Immigration and Nationality Act, the statute governing the Quebec immigrant investor program explicitly provides for reimbursement. Act Respecting Immigration to Quebec… Read More

10 Observations from Reviewing Evidence in an SEC Civil Enforcement Action

We recently reviewed over 100 pieces of documentary evidence in a civil enforcement action brought by the SEC against an attorney for taking commissions as an unregistered broker-dealer. As this action was also related to the EB-5 program, we think the following notes may be useful for attorneys practicing in this area and other industry… Read More

The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program

After brief correspondence with a colleague who travels to China frequently, it became apparent that the U.S. Asia-Pacific Economic Cooperation Business Travel Card (“ABT Card”) Program is not as well-known as it ought to be. Since DHS will stop issuing these cards on September 18, 2018 people who travel to China regularly for business, such… Read More

What can CBP see? Brief Notes and Comments on DHS Border Crossing Information (BCI) System of Records – 81 FR 89957

On December 13, 2016 the Department of Homeland Security (“DHS”) published notice in the Federal Register regarding updates to its Border Crossing Information (“BCI”) System of Records, as required by the Privacy Act of 1974 (5 USC 552a). Comments may be submitted until January 12, 2017. Brief note on what Customs and Border Protection can… Read More

A template for DHS rulemaking petitions

On November 28, 2016 the Department of Homeland Security (DHS) published a final rule defining the process for submitting a rulemaking petition to this agency. This rule adopts the changes to 6 CFR Part 3 published in DHS’s interim rule on July 21, 2016. Except for petitions to the Coast Guard and FEMA, any rulemaking petition… Read More

A brief history of fee increases for Canadians seeking I-192 waivers

The fee increases for Canadians filing Form I-192 seeking a non-immigrant waiver are summarized in the chart below. Note that the “Comments” column refers to the total comments submitted in response to the proposed rule, not comments specifically targeted to Form I-192. For anyone interested in researching the regulatory history of INS/USCIS fee increases (as… Read More

USCIS Fee Increases

On October 24, 2016 USCIS announced a final rule increasing fees for most immigration benefit requests. We wrote about this change while USCIS was accepting comments on the proposed rule, and submitted part of this post as a comment. In response to our comments, USCIS decided not to increase the fees for filing Form I-192 when… Read More